(a) Subject to the requirements of Rule 7.1 and 7.3, a lawyer may market and advertise legal services through media, including published and on-line directories; newspapers, newsletters and other periodicals; outdoor advertising; electronic advertising, including radio, television, video and the Internet; and through text-based communications including written correspondence and e-mail.

(b) A copy or recording of an advertisement or communication must be kept for two years after its last dissemination along with a record of when and where it was used. For written correspondence and e-mail, a lawyer shall retain for two years from the date of sending a list of addressees. When a lawyer uses recorded voice communications and transmits a communication by telephone call, the lawyer shall retain for two years from the date of the call a record of the telephone number called.

(c) A lawyer shall not give anything of value to a person for recommending the lawyer's services, except that a lawyer may

(1) pay the reasonable costs of advertisements or communications permitted by this Rule;

(2) pay the usual charges of a not-for-profit lawyer referral service or legal service organization; and

(3) pay for a law practice in accordance with Rule 1.17.

COMMENT:

To assist the public in obtaining legal services, lawyers should be allowed to provide information about their services through various forms of marketing and advertising. The public's need to gain information about legal services can be fulfilled in part through marketing and advertising methods. These methods engage traditional media such as the Yellow Pages, newspapers and television, as well as emerging technologies such as on-line directories, web sites, and e-mail. Although information about legal services can benefit all types of clients, the need for information is particularly acute among low and moderate income clients who may be unfamiliar with legal services. While the need for information justifies the use of advertising, it, at the same time, increases the risk of misleading or overreaching endeavors.

Neither this Rule nor Rule 7.3 prohibits communications authorized by law, such as notice to members of a class in class action litigation.

Record of Advertising

Paragraph (b) requires that a record of the content and use of advertising be kept in order to facilitate enforcement of this Rule. It does not require that advertising be subject to review prior to dissemination.

Paying Others to Recommend a Lawyer

A lawyer is allowed to pay for advertising permitted by this Rule and for the purchase of a law practice in accordance with the provisions of Rule 1.17, but otherwise is not permitted to pay another person for channeling professional work. This restriction does not prevent an organization or person other than the lawyer from advertising or recommending the lawyer's services. Thus, a legal aid agency or prepaid legal services plan may pay to advertise legal services provided under its auspices. Likewise, a lawyer may participate in not-for-profit lawyer referral programs and pay the usual fees charged by such programs. Paragraph (c) does not prohibit paying regular compensation to an assistant, such as a secretary, to prepare communications permitted by this Rule.